Upper Tribunal (Administrative Appeals Chamber)

NCN: [2024] UKUT 326 (AAC)

                                                                                               Appeal No. UA-2023-001629-T

IN THE UPPER TRIBUNAL

ADMINISTRATIVE APPEALS CHAMBER

 

On appeal from the Decision of Simon Evans, Deputy Traffic Commissioner for the North East of England dated 1^st September 2023

 

 

 

ANDERSON REMOUNTS LIMITED

Appellant

 

 

Before:          Her Honour Judge Beech, Judge of the Upper Tribunal

                        Kerry Pepperell, Specialist Member of the Upper Tribunal

                        Gary Roantree, Specialist Member of the Upper Tribunal

 

 

Hearing date:            8^th October 2024

 

Representation:

Appellant:                  None

 

 

DECISION

 

 

The appeal is ALLOWED and the matter is remitted for redetermination on all issues

 

 

Subject Matter: Good repute, financial standing and professional competence

 

Cases referred to: None

 

 

REASONS FOR DECISION

 

1.            This is an appeal from the decision of the Deputy Traffic Commissioner ("DTC") for the North East of England dated 1^st September 2023 in which the Appellant's licence (OB2040287) was revoked and its director disqualified from holding or obtaining an operator's licence in any traffic area in any capacity for a period of two years.

2.            On 3^rd October 2023, the Appellant made an application for a stay to the DTC which was granted on 6^th October 2023 as a result of material errors being present in the DTC's decision.  The DTC invited the Tribunal to set aside his decision of 1^st September 2023 and remit the matter for a rehearing.  The Appellant then filed an Appellant's Notice on 6^th November 2023 and an extension of time was granted to do so.

3.            This appeal was determined on the papers.  In view of the DTC's acceptance that errors had been made in his decision, the Tribunal is satisfied that the appropriate course of action is to allow the appeal and remit the matter for redetermination on all issues.  The appeal is allowed.

 

                                                                                               

                                                                                                Her Honour Judge Beech                       

                                                                                                Judge of the Upper Tribunal     

14^th October 2024